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To earn the CIPP-US Certification, candidates must pass a rigorous exam that covers a wide range of topics related to privacy and data protection. CIPP-US exam includes questions on the U.S. legal framework for privacy, as well as best practices for managing and protecting personal information in a variety of contexts.
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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q197-Q202):
NEW QUESTION # 197
Which of the following statements is most accurate in regard to data breach notifications under federal and state laws:
- A. When providing an individual with required notice of a data breach, you must identify what personal information was actually or likely compromised.
- B. When you are required to provide an individual with notice of a data breach under any state's law, you must provide the individual with an offer for free credit monitoring.
- C. The only obligations to provide data breach notification are under state law because currently there is no federal law or regulation requiring notice for the breach of personal information.
- D. You must notify the Federal Trade Commission (FTC) in addition to affected individuals if over
500 individuals are receiving notice.
Answer: C
Explanation:
Data breach notification laws in the United States vary by state and territory, and there is no comprehensive federal law that applies to all types of personal information. Some federal laws, such as HIPAA, GLBA, and the FDIC rule, impose data breach notification requirements for specific industries or sectors, but they do not cover all types of personal information or all entities that collect, store, or process such information. Therefore, the only obligations to provide data breach notification for the breach of personal information are under state law, unless a specific federal law applies to the entity or the information involved.
NEW QUESTION # 198
Which of the following is NOT a common challenge large organizations face when implementing data portability?
- A. Security considerations in relation to the transfer of the data.
- B. The presence of third-party data in the data to be ported.
- C. The technical skillsets available in the transmitting organization.
- D. Technically compatible systems for transmission feasibility
Answer: C
Explanation:
When implementing data portability, organizations often face significant challenges due to the complexity of managing data transfers. These challenges commonly include concerns about third-party data, technical compatibility for data transmission, and security considerations. However, the technical skillsets available in the transmitting organization is NOT typically identified as a primary challenge because most organizations have or can acquire the necessary technical expertise through training or by outsourcing.
Explanation of Options:
* A. The presence of third-party data in the data to be ported: This is a valid challenge, as the inclusion of third-party data can raise legal and contractual concerns about ownership and transferability.
* B. Technically compatible systems for transmission feasibility: Ensuring that data can be transferred between systems in compatible formats is a critical and common challenge.
* C. Security considerations in relation to the transfer of the data: Data transfers must be secure to prevent unauthorized access or breaches, making this a valid challenge.
* D. The technical skillsets available in the transmitting organization: While technical skills are important, organizations usually have the ability to address this issue through hiring, training, or outsourcing, making this the least common challenge.
References from CIPP/US Materials:
* IAPP CIPP/US Certification Textbook: Discusses operational challenges related to data portability, including system compatibility, data security, and third-party involvement.
* NIST Privacy Framework: Addresses organizational readiness and data transfer risks.
NEW QUESTION # 199
Which of the following is most likely to provide privacy protection to private-sector employees in the United States?
- A. Amendments one, four, and five of the U.S. Constitution
- B. The Federal Trade Commission Act (FTC Act)
- C. The U.S. Department of Health and Human Services (HHS)
- D. State law, contract law, and tort law
Answer: D
Explanation:
Unlike many other countries, the United States does not have a comprehensive federal law that regulates the privacy of private-sector employees. Instead, the privacy protection of employees depends largely on state law, contract law, and tort law. State law may provide specific rights and remedies for employees regarding issues such as drug testing, background checks, electronic monitoring, social media access, and genetic information. Contract law may create obligations and expectations for employers and employees based on written or implied agreements, such as employment contracts, employee handbooks, or collective bargaining agreements. Tort law may allow employees to sue their employers for invasion of privacy, such as intrusion upon seclusion, public disclosure of private facts, false light, or appropriation of name or likeness. The other options are less likely to provide privacy protection to private-sector employees in the United States. The FTC Act primarily regulates the privacy practices of businesses that collect and use consumer data, not employee data. The U.S. Constitution only protects individuals from unreasonable searches and seizures by the government, not by private employers. The HHS only enforces the HIPAA Privacy Rule, which applies to covered entities and business associates that handle protected health information, not to all private-sector employers. References:
* IAPP CIPP/US Study Guide, Chapter 6: Workplace Privacy
* Privacy Rights of Employees Using Workplace Computers in the United States
* Employee Privacy Laws
NEW QUESTION # 200
What is the most likely reason that states have adopted their own data breach notification laws?
- A. Many large businesses have intentionally breached the personal information of their customers
- B. Many types of organizations are not currently subject to federal laws regarding breaches
- C. Many lawmakers believe that federal enforcement of current laws has not been effective
- D. Many states have unique types of businesses that require specific legislation
Answer: B
Explanation:
The most likely reason that states have adopted their own data breach notification laws is that many types of organizations are not currently subject to federal laws regarding breaches. As explained in the Data Breach Response: A Guide for Business from the Federal Trade Commission (FTC), certain federal laws govern obligations to report data breaches in particular industries, such as health care, financial services, or telecommunications. However, these laws do not cover all types of businesses or all types of personal information that may be compromised in a data breach. Therefore, states have enacted their own data breach notification laws to fill the gaps and protect the privacy andsecurity of their residents. According to the National Conference of State Legislatures, as of January 2022, all 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands have enacted legislation requiring notification of security breaches involving personal information. These state laws vary in terms of the definitions of personal information, the triggers for notification, the methods and timing of notification, the exemptions and exceptions, and the penalties and enforcement mechanisms.
References: 1: Data Breach Response: A Guide for Business, Section 2 2: 2022 Security Breach Legislation
NEW QUESTION # 201
In what way does the "Red Flags Rule" under the Fair and Accurate Credit Transactions Act (FACTA) relate to the owner of a grocery store who uses a money wire service?
- A. It is not usually enforced in the case of a small financial institution
- B. It mandates the use of updated technology for securing credit records
- C. It requires the owner to implement an identity theft warning system
- D. It does not apply because the owner is not a creditor
Answer: D
Explanation:
https://www.ftc.gov/business-guidance/resources/fighting-identity-theft-red-flags-rule-how-guide-business#who
NEW QUESTION # 202
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